All Articles tagged evidence
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General January 09, 2023 EDT This article reviews case law to determine if courts simply agree that the use of post-incident conduct to prove habit is illogical.
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New York Appeals March 24, 2021 EDT This article tracks New York's excited utterance hearsay exception and ultimately concludes that the case to abolish the exception has not been made.
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Justice Commentaries September 27, 2020 EDT The resistance to scientific challenge by the forensic odontologists in their editorial, Epidermis and Enamel, reflects the rear guard defensiveness displayed by other forensic analysts and unprogressive prosecutors.
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Justice Commentaries September 27, 2020 EDT This article contains semi-structured interviews with twenty prosecutors (nine working in conviction integrity units) who have proactively assisted with an exoneration.
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General January 17, 2020 EDT There is a growing tension between an injured plaintiff’s right to seek legal recourse against a providers’ interest in preventing open-ended liability based on evidence that may be stale.
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General January 17, 2020 EDT This article explains why the government has become actively involved in regulating stem cell therapy and why scientists are advocating litigation to curb for-profit stem cell therapy clinics.
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Justice Commentaries May 28, 2019 EDT This article attempts to illuminate the causes of wrongful conviction of persons with intellectual disability.
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May 28, 2019 EDT This paper defines the no crime phenomenon and further explains how an accident, suicide, or a fabricated crime can be wrongly determined to be a crime before adjudication.
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Justice Commentaries May 28, 2019 EDT The Supreme Court should implement Justice Thomas’s “formality and solemnity” approach the next time the Court interprets the Confrontation Clause in the context of multi-analyst forensic disciplines.
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July 17, 2018 EDT This article examines the several stages of Texas capital prosecutions in which unreliable expert and scientific opinions have contributed to the prosecution and execution of persons accused of committing murder.
- Justice Commentaries
July 17, 2018 EDT This article examines the various fact patterns through which latent fingerprint evidence can play a role in wrongful convictions.
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Justice Commentaries July 17, 2018 EDT This article argues that the many courts current standard for admitting expert testimony contributes to wrongful convictions based on scientific errors and proposes two new standards in their place.
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Justice Commentaries July 17, 2018 EDT This article examines the admissibility and reliability of forensic science in the courtroom.
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Justice Commentaries July 17, 2018 EDT This article argues that there is a need to increase validity and reliability of forensic science in the criminal justice system through a collaborative approach.
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July 17, 2018 EDT How is neuroscientific evidence impinging or threatening to impinge the U.S. legal system, and how are courts addressing this?
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June 09, 2017 EDT Reliability concerns warrant renewed examination of the “excited utterance” exception and consideration of possible alternative approaches or modifications.
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Justice Commentaries December 17, 2016 EDT This article surveys the new evidence standard in post-conviction from around the country and explores the practical and legal ramifications of these standards.
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December 17, 2016 EDT This report offers a first-time comprehensive review of data collected by the Innocence Project on DNA exonerations.
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Justice Commentaries December 08, 2016 EDT This essay sets forth the argument for reforming our approach to recantation evidence.
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June 10, 2016 EDT The first systematic empirical study of how the American criminal justice system discovers and responds to factual error based on actual innocence.
- Justice Commentaries
August 03, 2015 EDT This article discusses the concept of rape culture and explains the psychological process by which rape culture might influence juror decision making in sexual assault trials.
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Justice Commentaries August 03, 2015 EDT This article discusses the concept of rape culture and explains the psychological process by which rape culture might influence juror decision making in sexual assault trials.
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March 23, 2015 EDT This note dissects the Brown framework and examines how subsequent Supreme Court jurisprudence has modified this framework.
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New York Appeals February 13, 2015 EDT In this article, a former New York Court of Appeals judge utters a few dying imprecations against three of his unfavorite cases, in the hope that they will not prove...
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New York Appeals February 13, 2015 EDT The critical question in this article is the comparison of the New York and federal approaches to admitting prior inconsistent statements in criminal cases and ultimately, which is the approach...
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State Constitutional Commentary September 23, 2013 EDT Implementing evidence-based assessments and treatments of juvenile offenders will improve the lives of many youth at risk and also improve the safety of the public overall.
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Justice Commentaries June 11, 2013 EDT This article addresses the question of what happens in New York when two counts are charged in the alternative and the jury convicts on one of the counts.
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June 11, 2013 EDT This article calls upon the instruments of dialectic and narrative to analyze an extremely troubling scientific and judicial phenomenon: the re-emergence of biological theories of race in the twenty-first century.
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Justice Commentaries June 11, 2013 EDT In the absence of an express statute or constitutional provision permitting re-trials for acquitted defendants, could prosecutors use perjury prosecutions and subsequent civil and forfeiture proceedings used against defendants?
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June 11, 2013 EDT This article proposes a change to the New York State law concerning outcries of abused children.
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Justice Commentaries May 05, 2012 EDT This article expands on the growing area of research into exonerees as victims of state harm by providing a case study of statements by public officials after exonerations.
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New York Appeals March 03, 2012 EDT This article addresses NY‘s Sex Offender Management and Treatment Act and the role expert opinion plays in the trial of such cases.